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Published byBertina Campbell Modified over 9 years ago
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Civil and Criminal Law An Introduction
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Types of Civil Law Contracts: Voluntary promises between parties who agree to do something Property Law: Deals with use and ownership of property Family Law: Includes marriage, divorce, and parent-child relationships Torts: Wrongful act for which injured party has right to sue for damages
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Civil Law Process Hire a lawyer (usually) Plaintiff files complaint Defendant receives summons Discovery: Both sides gather evidence Resolution: Settlement (compromise) or mediation (neutral party helps parties work out issues) Trial: Judge or jury hears evidence & rules
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Small Claims Court Hear civil cases over small debts, property damage, landlord-tenant disputes, small business problems, etc. Usually heard by judge, lawyers not required Claims have limit $1,000-$5,000
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Criminal Law Government charges person with crime (act that breaks law or causes injury/harm) Types of crime Petty offenses: illegal parking, littering, disturbing peace, speeding, etc. (fine) Petty offenses: illegal parking, littering, disturbing peace, speeding, etc. (fine) Misdemeanors: vandalism, simple assault, inexpensive theft, drunk/disorderly, etc. (fine, 1 year or less in jail) Misdemeanors: vandalism, simple assault, inexpensive theft, drunk/disorderly, etc. (fine, 1 year or less in jail) Felonies: burglary, kidnapping, arson, rape, fraud, murder, etc. (imprisonment, death) Felonies: burglary, kidnapping, arson, rape, fraud, murder, etc. (imprisonment, death)
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Criminal Law Process Initial appearance: brought to judge within 24 hours & formally charged Preliminary hearing/grand jury: hear evidence, decide on need for trial Plea bargaining: plead guilty to lesser crime(s), receive lesser consequences Arraignment: read charges, enter plea Trial: Jury hears evidence on both sides, cross- examination allowed Decision & Sentencing: Jury meets to decide case, judge decides punishment if guilty
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